LIBRARY OF CONGRESS 0 011 897 819 5 # THE MISSOUHI COMPROMISE. SKETCH OF THE REMARKS OF JAMES 0. PUTNAM, UPON THE JVEBK^SK^ jre:siojlutiojvis9 In Senate of State of N. York, Feb. 3, 1854. Mr. PUTNAM said : Mr. President— I cannot concur witli the sentiment that the introduction of this subject is uu timely, and legislative ac- tion is unnecessary. I think, that in the history of the question connected with these resolutions, New York has a vital interest. I think the State of New York would be false to herself, false to her past legislation ou the questions which con- vulsed the country to its centre, when Missouri asked admission into the Union, if she did not now, thirty-four years after that action, at a time when all good faith is to be wantonly sacri- ficed and trampled on, if she did not most em- phatically rebuke this project of the Senator from Illinois. I am unwilling to have these res- olutions disposed of quite so summarilj', and upon a silent vote. Sir, let us look for a moment at the basis of the Union of these States. All free government is the result of mutual compromise. The government under which we live, has uo other original basis. The convention at Philadelphia, which framed the Constitution of the United States, represent ed the most extreme views, and the most antag- onistic interests of the several States. Of all questions which patriotism was there called up on to settle, none more threateningly menaced the objects of the Convention than that of Slavery. At the South, Slavery had incorporated itself in- to all the relations of society. The character of Southern climate and products had stimulated this vigorous growth. While it had a nominal existence at the North, it had no such relations to northern capital or industry as promised per- manency to the system. Hence arose the con- flicting political and moral views in the conven- QQ ou this great question. After mouths of discussion, and of patriot! labor and sacrifice, their work was accomplish- ed, the Constitution presented to the States. In the language of Washington, it was framed in the spirit of " amity and compromise." The South consented to the partnership, pro- vided she could be protected in her slave pro- perty by the restoration of her fugitive slaves. She also insisted upon a representation of her slave projierty, in Congress. Although the moral sense of the North was against it, she yielded to the first demand, and she yielded the second for an equivalent in the matter of taxa- tion. These questions at rest, the Constitution was presented to the States for ratification. Here ensued another, and for a long time, loubtful struggle. But at length the last State gave in its adhesion, and then arose this gov- ernment in its own proper beauty, and granite strength, to take its place among the powers of the earth. The Northern Atlantic States were commercial States; commerce, everywhere a leading and controling element, ever has been, and ever will be, aggressive. And when united to it are the higher elements of civilization, it elevates where it subdues, and becomes the advance-guard of the institutions of Christianity. The commercial spirit early discovered the importance of controlling the Valley of the Mis- sissippi, and the outlet to the Gulf of Mexico. Mr. Jefferson, with a clear prescience of his country's future, appreciated the same necessity. He opened the uegotiation with France which resulted in the treaty of 1803, which secured tc the United States the territory of Lousiana. In 1804. Louisiana, in pursuance of the treaty was erected into two territories, and the act so organ- izing the territory, made many restrictions upon the slave traffic. In due time Louisiana, proper, was admitted as a State, and of necessity and without objection as a shive State. So matters rested until 1819-20, when arose that storm which convulsed the country to its centre, and to the North, by surrendering forever the terri- tory acquired from France, and lying north of 36 degrees 30 minutes, to freedom. A patriot- ism Mhich this age may well imitate and revere, responded to the call. The principle of the amendment proposed by New York through Mr. Storrs, was adopted. Missouri became a sov- whose angry blasts still linger in our ears. — lereign Stale, with slavery, bid upon a consideru- Missouri knocked at the door of the Union, and asked equal privileges with the other states. A part of tlie territory ceded by France in 1803, and of the Louisiana purchase, she was ready to enter the sisterhood of States. Sir, let us briefly review the history of that contest. Let lion, upon a solenm pledge, emphatic and irre- vocable ; solemn as plighted faith could make it, positive as enactments could decree it, that slavery should be forever excluded north of 36 degrees 30 minutes, from the Louisiana purchase. After the admission of Missouri, Arkansas us see the part acted by NewTork, in that con-tcame into the Union with slavery. She was en troversy, and we shall be the better prepared tojtitled to admission under the compromise of 1820 meet the argument of Senator Douglass. souri asked to corue in as a slave State. Mis-jThe North acquiesced, in good faith, paid the The;bond. The country has long regarded that southern States insisted upon her admission as aiquestion as at rest, not a rest for a generation or matter of right. The northern States concededia century, but a final, and eternal rest. Sir, let the propriety of her admission as a free State, me recur a moment to the action of the Legisla- but denied the right she claimed to enter as a ture of New-York, pending this controversy. — slave State. At the same time, the State of On the 20th of January 1820, and while the con- Maine, from the northern Atlantic coast, urgedjtrovcrsy was the most violent, her Legislature her claim to admission into the Union. Herlpassed a preamble and resolution, instructing right was unquestiond, but the southern Statestheir representatives in Congress " to oppose the sought to authorize the admission of the twojadmission as a State into the Union of any ter- States by one act, for the purpose of securing the|ritory not comprised within the original boun- admission of Missouri with slavery. Such an dary of the United States, without making the act passed the Senate of the United States. The prohibition of slavery thcein an indispensahlc House of Representatives refused to concur, i\.w(\' condition of admissioti." Maine was admitted by a separate and indepen- This sir, was the position of New York, and dent act. Then the controversy was narrowedlshe would have resisted to thii» day, but for a down to the admission of Missouri, and a great compromise which surrendered a controverted part of that angry discussion arose upon two right for a forever conceded advantage. There amendments to the bill, authorizing the unquali-jwere within the then unknown future of the con- fied admission of Missouri, or amendments simi-'troverted territory, four States. New York with lar to them, introduced by two representatives'the other free States, insisted that all of them from New Yoik. Mr. Taylor, of this State, in-lshould come in with the slavery prohibition, the troduced an amendment to the act admitting'soulh resisted the demand. It was adjusted by Missouri, prohibitory of slavery in the State, yielding Missouri and Arkansas to slavery, and Mr. Storrs, of New York, introduced another Nebraska and Kansas tlr:.'n undeveloped and un- amendment, and which contains the principle ofjChristened, to freedom. Such was the bond. — the uUimate compromise, and is in the followinglNew York has discharged her part of the obliga- tion. language : " That in all that tract of country ceded byjqueslion as vital France to the United States^ under the name orlUnion. Louisiana, which lies North of thirty-six degrees and thirty minutes north latitude, excepting only such part thereof as is included within the lim- its of the State contempUited by tliis act, there shall be neither slavery nor involuntary servi- tude, otherwise than in the punishment of crime: whereof the party shall have been duly convict ed." It also provided for the surrender of fugitive slaves. Pending the debate upon the several amend' ments, raged that storm which threatened the very existence of the govurnment. It was of this fearful conflict that Mr. .Jei.'fkrson said it was " the most [)ort':'ntous that ever threatened the Union, that in tlie gloomiest moment of the Re volutionary war, he never had any apprehensions equal to tliat he feit from that controvcM-sy."' It was in the midst of this conflict of opinion and passion that the " gre;>.t Pacificator," Mr. Clay invoked that prit)ci[ile v.hich lies at the basi of all social and political organization He called upon the country to make another sacrifice upon the altar of patriotism. He invoked the North to quiet the Si)nth by admitting Missouri, with- out restriction. Me invoked the South to yield will the South discharge hers? It is the very existence of the But sir, the Nebraska bill alluded to in the resolutions, declares the j)rohibition of slavery in the compromise of 1820 to be inoperative, and to be repealed by the compromise measures of 1850. This is a proposition easily stated. — Sir, the compromise of 1820, stood isolated from every other relation then present or future. It related solely to the territory acquired from Fiance, and known as the Louisiana purchase. It might possibly have some bearing upon the permission of slavery in subsequently acquired territory south of 36.30. But if so, it would with equal force exclude slavery north of that fine. Tlie Compromise of 1850 was independent of all past Compromises, and entirely original in all its bearings and relations. Let us cxamiue its history. 'i"ho acquisition of our Territery from Mexico was the result of a Nat/onal war , and whatever may have been the etliics of that contest, I re- gard that acquisition as the natural result of our institutions. Had we not acquired it wJicn we did, andasiwe lid, its acquisitioUj at some time, and in sofiac ^ manner, was one of the facts of our destiny. Socannot argue it away.' To override it in the certain as the weaker yields before the stronger, 80 certain as an inferior society yields before the Superior power of a higher civilization, so certain as a keen scented, earnest, grasping com- mercial spirit, will overcome the indolent or ef- fete systems that oppose its progress, just so cer- tain was the star ol our Empire to " Westward take its way," until it should mirror itself in the calm waters of the Pacific. Our Mexican Territory was acquired by treaty and became National domain. Before we were fairly recovered from our surprise over so stu- pendous results, California knocked at the door of the Union with a free constitution, and de- manded admission to the sisterhood of States. — The South was disappointed, she felt that the balance of power was departing from her. She manner proposed by the Nebraska bill, would be subversive of all good faith, and good faith un- derlies the foundation of Republican empire. — Your most solemn enactments, are but idle parchment, and a mockery, under .such construc- tion. But it is argued that the Compromise of 1820, was but a law, and may be repealed as any other law. I grant this to be its mere legal relation. I do not claim for it that it is technically a treaty, or a compact, or a constitutional provis- ion, but I contend that in spirit, and of right it has, the bhiding force nf them all. While in form it was but a law, it was in fact a treaty, or a com- pact by which the Slave States, in consideration of the admission of Missouri with slavery, solemn- ly .agreed that the territory north of 36 30, said she had contributed her money and her men should he forever free. Can the South take and to secure this domain and she insisted that the|keep what we parted with, and now refuse the flag of the country should protect her propertyjprice, without consent of the other contracting in all its forms on every inch of this new|party1 Can she now say that a second coniprom- National domain. The history of that contest'ise destroys the first? What will she say of a which threatened, as I then believed, and nowithird compromise — that it destroy ed the 'econd'? believe, the very existence of the Republic, isllf this be the rule, the fewer compromises we fresh in our memories. Amid most stormy con- make the better; and I apprehend tins would be trovensy and most dissentient opinions, the Com- more than conviction with the North, promise measures relating solely to the territory! That this was a compact: v\as the view of all acquired from Mexico, became fixed laws and in- the statesmen and political writers of that time, stitntious. If for the sake of a natural boundaryjl find that the Editor of Niks' Begisler, than a fragment was excluded from the Louisiana teri-lwhom few men were more accurate observers of tory it was not of consequence to change theipolitical events, spoke of it as having the bind- principle. ing moral force of a constitutional provision. I The positions taken by Senator Douglas arejread Sir, from Niles' Reuister of March 11, 1820, involved in two propositions. First, that thesefrom an article entitled " The Slave Question," measures repealed the Compromi.se of 1820. in which he says; — "It is true the Compromise Second, that they were the adoption of a new is su[iported only by the letter of a law, repeala- policy and doctrine, to wit: that any State has a ble by the authority which enacted it, but the right to demand admission into the Union, with'circumstances of the case give to this law a or without slavery, irrespective of the location ofi,7io?-«//orce, equal to that of a positive provision its territory, or the manner of its acquisition. jof the Constitution, and we do not hazard any- Sir, I shared the sentiments of those northern thing by saying, that the Constitution exists in statesmen who in 1850 were instrumental in bring-:its observance." This view met the written ap- ing about that Compromi.se. I closely watched proval of the most eminent statesmen of that and personally listened to much of the debates|time. in Congress during that angry discussion, and; Sir, this reasoning of the Illinois Senator, in- not a syllable every reached ray eye or my eariterpolates a fraud into the record. Who believes sanctioning these alarming propositions. Is thelfor a moment, that the measures of 1850, could Missouri Compromise repealed in terms 1 is it inlever have been passed, if they had contained in spirit! Was it claimed in any .speech of anyiso many words a repeal of the Compromise of member of Congress, North or South 1 No, sir ;'18201 If in addition to what they gave the that Compromise stood alone, on its own basis, South, they had also declared that what was and forever inviolable. The Senator from Illi-igiven to the North in 1820, and which alone nois declares that those magic words " The peo- calmed the storm that threatened to overwhelm pie of the United States do enact," &c., wereius, was to be transferred to slavery ? That that more than creative. That they not only made a new Compromise in relation to new territory, freshly accpiired, but without language to ex- press it, or innuendo to allude to it, destroyed an adjustment in relation to the Louisiana purchase which we had held for nearly half a century, and under which the country had repo.?edin con- bargain was to be cancelled, and that too with- out the shadow of an equivalent. Sir, the jiroji- osition would have been trampled under the feet of an indignant i)eo])le, with scorn and defiance. Sir, a bargain is a bargain, and because it is such, I, with multitudes of conservative men at the North, conceded to the South her fugitive slave fideuce for thirty years. Sir, this proposition is act, in 1850. Let her beware how she forfeits utterly unsustained. TheComjiromise measures of 1850 were not destructive. They constituted a new bond, a new compact, in its moral force between the free and the slave States, in relation to matters wholly independent The acts that affixed the seal to this new bond, did not raze the seal from the old one. They left it untou 'bed in letter and spirit. It is there Sir. Words cannot rail it off, casuistry our confidence in a good faith, which must be reciproc 1, or bind nobody. But there is another proposition more start- ling, if possible, than that I have noticed. It is that the mea.:ures of 1850, engrafted a new poli- cy upon the government. That it relinquishe I all claim or right on the part of Congress, to regulate slavery in the territories, or give quali- fied admi.ssion to new Stales into the Union, come LS,?''^ ^^ CONGRESS they from where they may. If this be true, Sir.lthe resull the followers of the Veiled Prophet, were notirace ; to more " dupes and victims" than we, who sus tained the compromise of 1850. Because we acquiesced in granting to the South, nay insisted that there should be granted her, her constitu- tional rights; because, in addition, we were will- ing to yield something in the " spirit of am- ity," and that something expressly " nomina ted in the bond," did we yield everything ? Did we turn propagandists of her institutions'? From the organization of the government there has been but one opinion at the North, and hardly a divided one at the South, that slavery was an evil. That it degraded labor, that it weakened the strength of States, and aside from its moral considerations, of which I do not speak, was upon gre^t principles of public policy, to be kept within its original limits. This was the policy of the government, and it has been waived only under circumstances, when concession seemed to be duty. To this we trace the action of the States in relation to the North Western Territory, and of Congress in reflation to the Louisiana purchase. In this we have but followed the en lightened sentiments of all nations. Suppose the result claimed by the Senator from Illinois did not arise from the unseen magic of the measures of 1850, but from express enactment, what rea son could be given for overthrowing this long settled policy 1 Did our fathers, and have we mistaken the effects of slavery upon society ? — Does it really elevate labor, does it dignify States, does it tend to develope the highest ele- ments of a people, to have this institution in their midst "? Were our fathers in error, when by positive act they prohibited it from Ohio, Indiana, and Illinois 1 Was it a mistake on the part of our own State, that we abolished it years ago 1 No sir, no sir. The reason for this policy grows more potent with every rising sun. The proposition, if true, sends us back to the dark .ages of public opinion. Let me not be misunderstood in this connection. I have no sympathy with northern anti-slavery fanaticism. I have entertained extreme con- servative sentiments on this subject. My oppo- sition to the extension of the institution does not rest upon the humanity or the legalities of the relation of master and slave. Of these I say nothing ; upon them I base neither sentiment or conduct; I look beyond and higher. I look at institutio to humat policy sLv. 0 011 897 819 5 jrior I the >wer the ■ping cum- slavery within its limits, except unuei stances like those which have two or three times occurred since the formation of the government, and which can hardly again arise Its abandon- ment will not be conceded through a falsified record. No, sir ; the north, I trust, will ever ad- here to the Compromises of the Constitution, and to all other compromises which patriotism, amid conflicting but honest opinion, has been called to make, but beyond this she must not be pressed to go. She is asked to keep the compact in good faith, let it be reciprocal, and she Avill keep it. Sir, I distrust the source whence this Nebraska bill emanates. I say to the South, she should fear the Greeks offering gifts. It comes from a Presidential adventurer, who, in the last National Democratic Convention, received fewer votes than he expected, more than he deserved, for- tunately for the country, not enough to secure his end. It comes from the peculiar represen- tative of " Young America," who hold nothing sacred in the past, who oppose on principle or passion all conservatism, and run rampant over all institutions which interpose barriers to the attainment of their ends. I feel it my duty to do what my predeces.sor in 1820 did, and op- pose this President hunting ambition I trust to ' o'er leap itself" He voted instructions, thirty- four years ago, to our representatives, to oppose the admission of Missouri as a slave State. New York consented to that admission upon a solemn compact. That compact it is now proposed to violate, and that not in a bold manly way, but through a fraud and a cheat! If I could reach the ear of the south, I would exhort her to be- ware , that it is dangerous to accept this gift, that the honest convictions of many northern men deemed the Compromises of 1850 just and )roper, and called for by the exigencies of the times, and affording a protection to the institu- tions of slavery, beyond which it was not safe to pass. I would say to her, we are a conservative people and a reasoning people, but we have also instincts. Re.ison is slow and calculating. In- stinct is not slow, but rapid as the lightning, and consuming as the fires it kindles. Printed at the Albany Reuibtsr Opficb. ^ LIBRARY OF CONGRESS I II I iiiiiiiiiiiii 0 011 897 819 5 •